Lawyers in Islamabad

PLJ 2018 Cr.C. (Lahore) 335 (DB) [ Multan  Bench  Multan ] Present :  Sardar Muhammad Sarfraz Dogar and Asjad Javaid Ghural, JJ. Syed  JAVED HUSSAIN--Appellant versus STATE etc.--Respondents Crl. Appeal No. 516 of 2015, heard on 07.12.2017. Duty of prosecution-- ----Requirement of law-- Held:  That prosecution must prove recovery of each packet of  charas  through separate packets and separate results of Chemical Analyst--Prosecution furnished positive report but with regard to net weight of 10-grams without mentioning test result of each sample parcel--We have observed that none of relevant protocols and tests was observed by Chemical Examiner and was substantially scored off by crossing it, which was a complete failure of compliance of relevant rule and, thus, same cannot be treated as a “conclusive” proof of recovery of narcotic substance from appellant.                                                 [P. 340] A Ameer Zeb’s case  PLD 2012 SC 380 and  Ikramullah

PLJ 2018 Islamabad 143 Present :  Miangul  Hassan Aurangzeb, J. SOHAIL AHMED JAN—Petitioner versus SIRAJ AHMED JAN and others--Respondents C.R. No. 73 of 2016, decided on 2.10.2017. Civil Procedure Code, 1908 (V of 1908)-- ----S. 115 & O. VI, R. 4--Contract Act, (IX of 1872), S. 10-- Qanun -e- Shahadat  Order, (10 of 1984), Art. 78--Transfer of properties by gift deed--Claim of  inheritence --Question of fraud & undue influence--Suit for declaration, was dismissed--Challenge to--Suit property was obtained through fraudulent means--Trial Court had not framed issues properly--Muslim had unfettered powers to gift away his property to one of his legal heirs to exclusion of others--Validity--Suit property was transferred by his mother to respondent, but asserts that “documents of transfer were false and manipulated without any free will and consent of transferor”--There is no other pleading as regards allegation of fraud against respondent--It is essential that in a